Delhi High Court Awards Rs 5 Lakh Cost To Sun Pharma In Its Trademark Infringement Suit Over ‘Oxiplat’ Mark

The Delhi High Court has awarded costs of Rs. 5 lakh to pharma company Sun Pharmaceutical Industries Limited in a trademark infringement suit filed by it over its registered mark “Oxiplat”, which is named after one of its drug preparations.

The mark ‘Oxiplat’ was coined by Sun Pharmaceuticals in 2001. Since then, it has been used for medicinal preparations consisting of Oxaliplatin, a drug which is used in treatment of cancer of colon and rectum.

Justice Prathiba M Singh was dealing with Sun Pharmaceutical’s suit, filed in 2016, against two pharma companies who got their mark “Soxplat” registered in October 2014.

The court noted that the defendant entities had already given up the impugned mark and thus, recorded their stand that they shall be bound by the statement that they do not wish to use the mark “Soxplat” or any other mark, which is identical and similar to the mark “Oxiplat.”

Justice Singh also noted that the defendants also made a statement that they do not have any stock of the goods of medicines bearing the mark “Soxplat”, which they discontinued since November last year.

“The suit has remained pending and there was no interim injunction during this entire period against the Defendants. In fact, the ld. Single Judge and the ld. Division Bench have held against the Plaintiff and not granted an interim injunction. The IPAB has rendered its decision only as in 2020. Immediately thereafter, the Defendants have given up the mark ‘SOXPLAT’. The mark of the Defendants also stands removed from the Register,” the court noted.

It added: “Accordingly, in these facts and circumstances, this Court is of the opinion that the interest of the Plaintiff would be suitably served by awarding costs of Rs.5 lakhs. The costs shall be paid within eight weeks from today.”

Title: SUN PARMA LABORATORIES LTD. v. MYLAN LABORATORIES LIMITED & ANR.

Citation: 2023 LiveLaw (Del) 664

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